Deed not recognized 1b
Why divert attention from the first three paragraphs of this deed which describe the conveying of ownership, with a photocopy of the fourth paragraph. which doesn't?
2004.08.09 (Linda Mellott to Anthony O’Connell)
I have been requested to respond to your inquiry concerning the deed book information displayed on the Real Estate records for the property located on Map Reference 090-4-01-0017 described as ACCOTINK STATION. Our records contain the reference transferring ownership as WB201-109 as the recorded document with the Land Records of Fairfax County Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs. We also display on our record the deed book and page, Book 8307 Page 1446, where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this properly. The phrase you listed [?] and the wording in this deed define your authority as trustee,
(Note: A photocopy of the fourth paragraph of the deed is inserted in this email and reads as follows.)
"Full power and authority is hereby granted to [the Trustee] and their successors and assigns to protect and [conserve the] property; to sell, contract to sell and grant options [to purchase] the Property and any right, title or interest therein on [any terms;] to exchange the Property or any part thereof for any [other real or] personal property upon any term; to convey the Property [by deed or] other conveyance to any grantee, with or without [consideration; to] mortgage, pledge or otherwise encumber the Property [or any part] thereof; to lease, contract to lease, grant options to [lease and] renew, extend, amend and otherwise modify leases on the [Property or] any part thereof from time to time, for any period of [time, for and] rental and upon any other terms and conditions; and [to release] convey or assign any other right, title or interest [whatsoever in] the Property or any part thereof."
(The parts in [brackets] were cut off but put back by the editor.)
(The text in blue is about the 1975 Will at WB201p109. The text in green is about the 1992 trust documents)
- Comment: Why describe the 1992 Trust Deed at bk8307p1446 that conveys ownership as: " We also display on our record the deed book and page, Book 8307 Page 1446, where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this properly,"? The 1992 trust document at bk8307p1446 is the deed that transfers ownership. The 1992 trust document at bk8845p1444 is the "Land Trust Agreement" that does not convey ownership.
- Comment: Why insert a photocopy of the fourth paragraph of the 1992 deed when the preceding three paragraphs are the paragraphs that describe this document as a deed that conveys ownership?
- I don't understand why, in 2004, the Department of Tax Administration will still not say if they recognize, or do not recognize, that the 1992 deed at bk8307p1446 for the trust property supercedes the 1975 Will at WB201p109. This withholding renders the Trustee powerless. It would not be prudent to try to sell the trust property when the deed for the trust property is not recognized.